VA005062014

The Appellant in these proceedings is the Secretary of State however for convenience I shall now refer to the parties as they were before the First-tier Tribunal.

The Appellant is a citizen of Pakistan born on 8 th September 1962. She appealed against the decision of the Respondent dated 8 th December 2013 refusing her entry clearance to the United Kingdom for the purpose of a family visit lasting three months. The Entry Clearance Officer�s decision was upheld by the Entry Clearance Manager. The appeal was heard by Judge of the First-tier Tribunal S Taylor on 6 th November 2014. He allowed the appeal under the Immigration Rules in a determination promulgated on 19 th November 2014.

The application for entry clearance was also refused by the Respondent under paragraph 320(7A) of the Immigration Rules as it was found that a false document was submitted by the Appellant when making her application, being a property valuation report undertaken by Khan Engineers and Evaluators. There was a verification report before the judge.

The Respondent submitted that the judge failed to grasp the jurisdictional point in this appeal and because of this he considered what he was unable to consider. He submitted that the application was made after the change in the Rules which removed a right of appeal for family visitors. He submitted that there is clearly an error of law in the determination.

The Presenting Officer submitted that the judge had no jurisdiction relating to the Rules. He submitted that if the case is remitted to the First-tier the judge will then make his decision on all relevant issues and these two paragraphs of the determination should not be preserved. He submitted that any further hearing should be before the Upper Tribunal and not the First-tier.